CHANDRA MOULI Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Crl.M.C. is to the proceedings dtd. 29/9/2022 of the Fast Track Special Court (POCSO), Thrissur in Crl.M.P.No.477/2022 in S.C.No.358/2022. The petitioner is alleged to have committed offences punishable under Sec. 354-A(1)(i) of the Indian Penal Code, Ss. 7, 8, 9(o) and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned counsel who appeared for the petitioner in the trial court on 28/9/2022 submitted an application seeking certified copy of the statement of the victim recorded under Sec. 164 Cr.P.C. On the application, the learned Special Judge passed the following:-

(2.) I have heard the learned counsel for the petitioner Sri.Renjith B Marar and the learned Public Prosecutor.

(3.) The learned counsel for the petitioner submitted that the petitioner has a statutory right under Sec. 207 Cr.P.C. to get free of cost documents which include the statement recorded under Sec. 164 Cr.P.C. or any other relevant document. The learned counsel submitted that as per Sec. 31 of the POCSO Act, the provisions of Cr.P.C. shall apply to the proceedings before a Special Court except as provided in the POCSO Act. The learned counsel submitted that the right of the accused to receive all the relevant documents under Sec. 207 Cr.P.C. is still intact and therefore, the court below was bound to provide the petitioner the copy of the statements recorded under Sec. 164 Cr.P.C. The learned counsel further submitted that the impugned proceedings directing the counsel for the petitioner to file an affidavit stating that he will not misuse the statements recorded under Sec. 164 Cr.P.C. is an act of imposing onerous and illegal conditions on the petitioner as well as on his counsel.